Hopewell Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VI
Conditional Uses
§ 320-601 General standards and criteria for evaluating conditional uses.
A.
Where allowances in this chapter have been made for conditional uses, the municipal elected officials shall have final jurisdiction for the approval or denial of the conditional use.
B.
An application form prescribed by the municipality shall be submitted by the applicant along with a fee in an amount as established from time to time by resolution of the municipal elected officials.
C.
The applicant shall submit four paper copies and shall also provide a magnetic or optical storage device copy in the form of tagged image file format (TIF) or portable document format (PDF) files of necessary documentation of the proposed use to enable the review of such proposal by the Township. The burden of submitting adequate data to allow full evaluation of the proposal shall rest with the applicant.
D.
Conditional uses shall only be granted when the minimum conditions set forth for the granting of a conditional use have been met.
E.
The municipal elected officials cannot grant variances of any of the requirements of this chapter when granting a conditional use.
F.
The municipal elected officials may attach such reasonable conditions and safeguards as necessary to implement the purpose and goals of this chapter and Hopewell Township and West Middletown Borough Comprehensive Plan, except that any such conditions shall not be related to off-site transportation and road improvements.
G.
Prior to granting approval or denying a conditional use application, the proposal shall first be reviewed by the respective Hopewell Township and/or West Middletown Borough Planning Commission and may be reviewed by the Washington County Planning Commission. Furthermore, a minimum of one public hearing shall be held by the municipal elected officials pursuant to public notice, as required by the Pennsylvania Municipalities Planning Code.[1] In addition, notice of said public hearing shall be conspicuously posted, by the municipality, at least one week prior to the date of hearing at points deemed sufficient by the municipality along the perimeter of the lot which is the subject of the conditional use request. Written notice of a hearing shall also be sent by regular mail to the owners of land which abuts the lot which is the subject of the conditional use request at least one week prior to the date of hearing.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
The municipal elected officials shall render a written decision or, when no decision is called for, make written findings on the conditional use request within 45 days after the last hearing before the municipal elected officials is concluded.
I.
The grant of approval of a conditional use shall not relieve the applicant from filing and having the municipality approve any permit, land development, subdivision or site plan which may be required by other municipal regulations or from otherwise complying with all applicable municipal regulations.
J.
Unless specifically authorized by the municipal elected officials, the grant of a conditional use shall expire if a zoning permit, building permit, or certificate of use and occupancy is not obtained within 12 months from the date of the grant of the conditional use. If the conditional use requires the processing of a subdivision or land development plan, then the grant of a conditional use shall expire if a zoning permit, building permit, or certificate of use and occupancy is not obtained within 24 months from the date of the grant of the conditional use. However, the municipal elected officials, in their decision, may grant a greater period of time.
K.
In addition to the minimum conditions contained in the performance standards of each conditional use, the applicant must demonstrate that the following conditions have been addressed to the maximum extent applicable:
(1)
That the use will not adversely affect the health or safety of residents in the neighborhood or district in which the use is located.
(2)
That the use will not overburden existing public services, including water, sanitary sewer, public roads, storm drainage or other public improvements.
(3)
That the use will not be detrimental to the use or development of, or change the essential character of, the neighborhood or district in which the use is proposed. The municipal elected officials shall consider, at a minimum, the impact of noise, dust, light, odor and adequacy of parking.
(4)
The use shall meet all other requirements of this chapter that may apply.
L.
The municipality believes it to be necessary to enact a provision that requires any medical marijuana and related activities that are not specifically provided for or defined in this chapter or in the Municipal Code to apply for conditional use approval subject to the procedures for approval contained in this chapter as well as any additional conditions set by the municipal elected officials.
M.
Any operator/owner shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction to enforce compliance herewith. No bond will be required if injunctive relief is sought by the municipality. A person who violates this chapter shall also be responsible for the municipality's attorney fees, engineering fees, expert fees and court costs associated with enforcement.
N.
Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein and the general standards contained in the applicable zoning district(s), may be further subject to additional applicable conditions and safeguards as deemed necessary and appropriate by the Township.
§ 320-602 Oil and gas development application.
To begin the permitting process for oil and gas development, a conditional use application must be filed with the Township. No hearing will be scheduled until all of the information set forth hereinafter has been received by the Township. In addition to the applicable standards for the zoning district of the proposed use, the express standards and criteria for granting conditional uses contained in this Code, the application must contain the following information:
A.
Information:
(1)
The name and address of the applicant, including the name and telephone number of a local representative;
(2)
The mineral and/or oil and gas/lease royalty and surface owner(s);
(3)
A copy of the oil and gas or mineral lease (recorded memorandum) and any drilling permits issued by the Commonwealth of Pennsylvania, or if a state permit has not yet been issued, the application, if submitted, shall be attached;
(4)
The exact description of the location of the proposed facility/operation;
(5)
Setbacks. Certification that the applicable setbacks will be met;
(6)
The name and address of all property owners within 300 feet of the proposed site.
B.
Work hours. Provide the proposed time line and hours of development/site work and the use of trucking and heavy equipment during each phase of the process, from initial site preparation to drilling operations and post-drilling operations.
C.
Road bonding and maintenance. The applicant will review and execute a joint road maintenance agreement with the Township and provide the appropriate bonding and list of subcontracts.
D.
Blast study. Operator's application shall contain a blast study or the equivalent (as determined by the Township) showing compliance with the standards contained in the American Petroleum Institute's (API) Recommended Practice 752 and 753.
E.
PPC plan. The operator shall provide to the Township's first responders, including Fire Department, Police Department, ambulance service(s), and to the Zoning Officer/Code Enforcement Officer, a copy of its preparedness, prevention and contingency (PPC) plan. Before drilling, the applicant shall confirm, in writing, that the Township's first responders have secured adequate training to deal with any potential dangerous conditions that may result due to construction activities on each site. First responders shall have a minimum of five hours of training per year to meet this standard. Upon request from the Township, the operator will, prior to drilling of its first oil and gas well in Township, make available, with at least 30 days' notice, at its sole cost and expense, one appropriate group training program of up to five hours for first responders. Such training shall be made available at least annually during the period when the operator anticipates oil and gas related activities in the Township.
F.
The applicant shall provide a schedule indicating the following dates, which the Township acknowledges is subject to change:
(1)
Anticipated site preparation beginnings and endings.
(2)
Anticipated drilling or mining activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated simulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
(7)
Anticipated site restoration.
G.
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.
H.
Insurance. Operator/applicant and/or its contractors shall, as part of the conditional use, furnish to the Township a certificate of liability insurance naming the Township as an additional insured. With respect to operations conducted within the Township and showing liability insurance covering commercial, personal injury, and general liability in the amounts not less than $25,000,000 per person, $25,000,000 per occurrence, and $25,000,000 property damage. The operator/applicant shall fully defend, protect, indemnify, and hold harmless the Township, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Township, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage. The Township reserves the right to approve said coverage.
I.
On-site trailers. Information on the number of trailers anticipated to be located at the site, including essential work trailers and workers' bunk trailers.
J.
Review hearings. The operator of an oil and gas development shall meet with the Township annually to discuss new technology, operation procedures, and any community concerns. If the Township deems necessary, after working with the operator, a public meeting may be scheduled to respond to questions from Township residents.
§ 320-603 Specific criteria for conditional uses.
[Amended 3-8-2021 by Ord. No. 01-2021; 11-10-2025 by Ord. No. 02-2025]
A.
Academic clinical research centers.
(2)
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicles.
(3)
All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where an academic clinical research center adjoins a Residential Overlay or Village district.
B.
Agriculture. Agriculture shall be subject to the following:
(1)
A plan to illustrate the locations of the ingress and egress points shall be prepared and presented to ensure that the conflicts are minimized along Route 844.
C.
Agritourism. Agritourism shall be subject to the following:
(1)
The applicant shall submit a circulation/parking plan to illustrate the safety and patterns of vehicular and pedestrian traffic.
(2)
In the event that retail sales occur on site, parking shall be located within 300 feet of the retail use.
(3)
At least 1/2 of the various types of products must be grown or raised on the same property on which they are sold or on other farm property in the Township owned or leased by the person selling the products. It is the intention of this provision to comply with the requirements of the Pennsylvania Right to Farm Act, as amended.[1]
[1]
Editor's Note: See 3 P.S. § 951 et seq.
(4)
Any structure which is used for the sale or display of farm products shall contain no more than 300 square feet of floor area and shall be at least 50 feet from any property line and the legal right-of-way line of any street.
D.
Certified water storage facilities and MLVTs. Certified water storage facilities or MLVTs shall be subject to the following:
(1)
Provide documentation and/or proof of compliance with the applicable provisions of § 320-603M, Oil and gas development.
(2)
Minimum lot area. The minimum lot size shall be two acres, to be designated on the site plan for said use.
(3)
Operations outside of Township.
(a)
Any certified water storage facility servicing oil and gas development and/or related operations shall require notice to the Township at least seven days prior to the site when the site being used to support completion tracking operations at other drill locations that is likely to result in traffic to the site exceeding a rate of 5 trucks per hour.
(b)
Approval shall automatically expire 12 months from the date said water facility is installed unless extension is given by the Board.
(c)
Use of certified water storage facilities servicing oil and gas development and/or related operations outside of the Township may only be installed on property that borders a state roadway within the Township.
(4)
Design criteria.
(a)
The applicant for a certified water storage facility or MLVT shall provide:
(b)
The applicant for a certified MLVT shall provide:
[1]
Certification that the proposed tanks comply with the design standards set forth in the American Water Works Association (AWWA) B-1039 Design Manual.
[2]
All MLVTs must meet the containment requirements 110% of Act 13 and a geotechnical report must be obtained certifying that:
[3]
A copy of any required reuse tank permit, WMGR 123 Solid Waste, from the DEP prior to the operation of the certified MLVT.
(c)
Residual waste use and storage:
[1]
Any certified water storage facility and/or MLVT used to hold residual waste/waste water can only be permitted in the nonresidential zoning districts.
[2]
Any certified water storage facility or MLVT that shall be used to hold residual waste must meet AWWA D103-9 tank standards.
[3]
Any impoundment used to hold residual waste/waste water must meet all DEP requirements and be tested on quarterly basis with results sent to the Township.
(5)
Site plan. A survey/site plan sealed by a licensed professional engineer or surveyor must be provided indicating water storage location, other buildings, access roads, setbacks from adjoining property lines and structures.
(6)
Liners. All liners must be welded and tested in accordance with the applicable ASTM International Standards. Any repairs to liners must be made using acceptable practices and applicable standards.
(7)
Filling. The operator or its contractor must supervise initial filling of all water storage operations and inspect for leaks during filling. If leaks are observed, filling must cease, the leaks must be repaired, and the integrity of the tank must be evaluated prior to continuing to fill. Contractors can observe initial and future fillings, provided they are granted the authority to stop work if unsafe or upset conditions are observed.
(8)
Setbacks. Certified water storage facilities and MLVTs shall be 20 feet from a wellhead, fired vessel, heater, compressor with a rating of 200 horsepower or greater; a separator, well test unit or other nonfired equipment.
(9)
Time frame. The time period in which the certified water storage facility or MLVT will be constructed and destructed along with use in between the start/finish dates.
(10)
Notice. At least seven days prior to a new oil and gas well site being serviced by a certified water storage facility or MLVT, operator must provide notice to the Township with updated information, including truck traffic information, truck routes, etc.
(11)
Surface. The surface of the certified water storage facility or MLVT shall be constructed and designed in a manner that would reasonably minimize water runoff in the event of a major leak.
(12)
Signage, tank identification. Signs must be posted at the site of any certified water storage facility or MLVT to indicate the contents of the water storage facilities.
(13)
Spill containment.
(a)
A spill containment plan shall be provided.
(b)
Containment shall be provided for indoor facilities.
(c)
If a spill, fire, or other violation of any federal, state or local law occurs at the drill site or in the Township by operator or its subcontractors, operator shall notify the Township immediately, in all circumstances no later than 24 hours after the incident occurred or, if the incident is ongoing, no later than 24 hours after it began.
(14)
Reclamation procedure. To the best of the operator/applicant's knowledge, the operator or applicant shall provide the time frame for site restoration.
E.
Compressor stations and/or processing plants. Compressor stations and processing plants shall be subject to the following:
(1)
Provide documentation and/or proof of compliance with the applicable provisions of § 320-603M, Oil and gas development.
(3)
Lot size regulations.
(a)
Processing plants. The minimum lot size for a processing plant shall be 100 acres. Not less than 75% of the overall surface area of the building (based upon square footage) shall be located in an Ind-1 Zoning District; however, contiguous properties located in either Agricultural and Ind-1 can be combined to meet the minimum acreage requirements.
(4)
Setbacks.
(a)
The edge of the main operation facility that houses the compressor engines must be at least 500 feet from an occupied structure.
(b)
Protected structures: 1,000 feet from the edge of the facility's developed area (this shall be the main fence line of the site and shall not include the green space used for stormwater management or the toe of the slope for any grading) to the nearest existing protected structure.
(c)
Additional setbacks. All aboveground equipment including compressor engines and any structure in which the compressors are enclosed must be set back a minimum of 200 feet from any adjacent property lines.
(d)
Owner waiver. Applicant must meet the setbacks listed herein unless the owner of a property, occupied and/or protected structure located within the setback limits provides written consent to the proposed use.
(5)
Screening.
(6)
Design standards.
(a)
Compressors and other power-driven equipment shall utilize electric motors designed and installed in accordance with the requirements of NFPA 70. In the event there is insufficient voltage available so as to power said equipment, or there exists reasonable economic and/or commercial reasons, internal-combustion engines may be used, subject to the same being located in a semi-enclosed structure that otherwise comports with zoning regulation.
(b)
The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area to the extent possible.
(c)
No equipment or surplus materials, including the placement of permanent or moveable storage containers or other portable equipment, shall be stored on the facility. This includes the removal of idle equipment unnecessary for the operation of such facility. These restrictions shall not apply during construction phase of the site.
(d)
Applicable equipment must have remote/local shutdowns.
(7)
Building approval. Building plans must be approved by the designated Code Inspection Department of the Township and must meet the minimum safety standards as set forth in the International Building Code (IBC), Pennsylvania Uniform Construction Code (UCC) or applicable code adopted by the Township. The Code Enforcement Officer and/or Township Board of Supervisors shall have the authority to grant waivers to the requirements if applicant is able to demonstrate the design and safety measures meet or exceed those of the IBC, UCC, etc.
(8)
Environmental study. Operator/applicant shall provide Township with a copy of the DEP application and permit (upon approval) including all studies related to air and noise quality and emissions.
(9)
Spill containment. A spill containment plan shall be provided and designed by a registered design professional of the Commonwealth of Pennsylvania and approved by the DEP.
(10)
State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(11)
Expansion. In the event the facility or project is expanded in size, scope, use, etc., beyond what was included in the initial approval, the applicant must submit a written request to the Township. The decision to require a subsequent conditional use hearing will be in the sole discretion of the Board of Supervisors and will be announced at a public meeting. Although the Township may not require hearings on the subsequent conditional use application, and the appropriate information concerning the expansion operations must be submitted. This shall include, but not be limited to, additional identification of disturbed areas beyond the scope initially presented, additional facilities being used on the site that were not included in the initial application and/or material changes such as different truck routes, access roads, sound impacts, additional water containment devices, tanks, etc.
(12)
Supplemental regulations. The facility must meet all of the supplemental regulations of this chapter.
F.
Deep injection wells (Class II wells). Deep injection wells (Class II wells) shall be further subject to the following:
(1)
Provide documentation and/or proof of compliance with the applicable provisions of § 320-603M, Oil and gas development.
(2)
Minimum lot acreage. The minimum lot size for a deep injection well shall be 20 acres. Contiguous properties in other zoning districts can be combined to meet the minimum acreage requirements if the properties being combined are adjoining each other and the injection well site is physically located in an industrial district. Any property line setbacks shall be measured from the exterior boundary lines of the combined parcel area.
G.
Impoundments.
(1)
Provide documentation and/or proof of compliance with the applicable provisions of § 320-603M, Oil and gas development.
(3)
Certification and permits. The applicant for an impoundment shall provide:
(a)
Proof of certification by the relevant nationally recognized laboratory or organization; and
(b)
Water impoundments shall be constructed in compliance with all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP).
(c)
A copy of any required permits from the DEP prior to the impoundment operations occurring.
(4)
Site plan. A survey/site plan sealed by a licensed professional engineer or surveyor must be provided indicating water storage location, other buildings, access roads, setbacks from adjoining property lines and structures.
(5)
Security. Chain-link fencing must be installed around any impoundment and shall be at least eight feet in height.
(6)
Setbacks. In addition to the DEP's setbacks regulations:
(a)
Impoundment must be 500 feet measured horizontally from an occupied dwelling to the edge of the impoundment structure, unless the owner thereof has provided a written waiver consenting to the impoundment being closer than 500 feet.
(b)
One thousand feet from a protected structure for freshwater impoundments.
(c)
One thousand five hundred feet from a protected structure for wastewater/reuse fluid impoundments.
(d)
Owner waiver. Applicant must meet the setbacks listed herein unless the owner of a property, occupied and/or protected structure located within the setback limits provides written consent to the proposed use.
(7)
Access road. In addition to the provisions contained in the oil and gas development section, all access roads to an impoundment site must:
(a)
Access road must be designed to accommodate all vehicle truck traffic servicing the site without using any public roadways for idling vehicles waiting to access the impoundment site.
(8)
Buffers and noise. The impoundment must be constructed in a manner to reduce truck traffic noise. The appropriate sound barriers shall be installed at the discretion of the Township.
(9)
Notice. At least seven days prior to a new oil and gas well site being serviced by a stand-alone impoundment, operator must provide notice to the Township with updated information, including truck traffic information, truck routes, etc.
(10)
Surface. The surface area immediately surrounding the impoundment shall be constructed and designed in a manner that would reasonably minimize water/liquid runoff in the event of a major leak.
(11)
Signage, identification. Signs must be posted at the site of any impoundment to indicate the contents of the water/liquid being stored on site.
(13)
Reclamation procedure. To the best of the operator/applicant's knowledge, the operator or applicant shall provide the time frame for site restoration.
H.
Medical marijuana dispensary.
(1)
Written summary. Applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(a)
Overall site development time frame and calendar.
(b)
Access roads (that are not public roads) to site must be paved with.
(c)
Proposed vehicle traffic and other related traffic to and from site.
(d)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue. Including proof of a current valid medical marijuana permit from the DOH.
(2)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicles.
(3)
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(4)
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(5)
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 9:00 p.m. on Saturday, unless otherwise set by the supplemental regulations of the zoning district in which use is located.
(6)
A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(7)
A medical marijuana dispensary shall:
(8)
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(9)
A medical marijuana dispensary may not be located within 1,000 feet of a protected structure or the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(10)
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
(11)
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.
(12)
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(13)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
(14)
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(a)
All accesses must secure the appropriate highway occupancy permits and execute any necessary road bonding agreements.
(15)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
I.
Medical marijuana grower/processor.
(1)
Written summary. Applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(2)
A medical marijuana grower/processor may only grow medical marijuana in a facility/manner required by and permitted by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle unless temporarily provided for as part of the conditional use approval.
(3)
The maximum floor area of a medical marijuana grower/processor shall be limited to 30,000 square feet per two acres of land the facility is located on (with a total floor area not to exceed 120,000 square feet) of which sufficient space (a minimum of 300 square feet unless otherwise set by the state) must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
(4)
A medical marijuana grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district, including but not limited to setbacks.
(5)
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.
(6)
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(7)
Grower/processors may not locate within 1,000 feet of a protected structure or 1,000 feet from the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(8)
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(9)
Parking requirements of the applicable zoning district.
(10)
A buffer planting is required where a medical marijuana grower/processor adjoins a Residential Overlay or Village District.
(11)
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(a)
All accesses must secure the appropriate highway occupancy permit and execute any necessary road bonding agreements.
(12)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
J.
Medical marijuana transport vehicle service.
(1)
Written summary. Applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(a)
Overall site development time frame and calendar.
(b)
Access roads (that are not public roads) to site must be paved with.
(c)
Proposed vehicle traffic and other related traffic to and from site.
(d)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.
(2)
A traffic impact study is required where the office is operated.
(3)
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where a medical marijuana transport vehicle service adjoins a Residential Overlay or Village District.
(5)
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(a)
All accesses must secure the appropriate highway occupancy permit and execute any necessary road bonding agreements.
(6)
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
(7)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
K.
Nonresidential uses Type I (home occupation, agricultural sales, offices, public buildings, places of assembly, public parks, restaurants, retail/wholesale sales, schools, shopping centers). Nonresidential uses Type I shall be further subject to the following:
(1)
Parking and outdoor storage shall be screened from neighboring lots.
L.
Nonresidential uses Type II (light manufacturing, gas stations, auto repair, heliport/airport, manufacturing, mineral extraction, research laboratory, supply yards, truck staging areas, warehousing). Nonresidential uses Type II shall be further subject to the following:
M.
Oil and gas development. An applicant and/or operator desiring to engage in any oil and gas development shall be subject to the following:
(1)
Minimum lot size. The minimum lot size for an oil and gas development shall be 20 acres. Contiguous properties can be combined to meet the minimum acreage requirements if the properties being combined are adjoining each other. All setbacks shall be measured from the exterior boundary lines of the combined parcel area.
(2)
Setbacks. The following setbacks shall apply for oil and gas development unless specifically stated otherwise:
(a)
Unconventional well.
[1]
Five hundred feet from the well bore/wellhead to an existing building, unless the owner of the building provides written consent.
[2]
Two hundred feet from the well bore/wellhead to any solid-blue-lined stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey.
[3]
Three hundred feet from an unconventional well bore/wellhead to any solid-blue-lined stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey.
[4]
Three hundred feet from unconventional well bore/wellhead to wetlands greater than one acre in area.
[5]
Two hundred feet from the well bore/wellhead to wetlands greater than one acre in area.
[6]
One thousand feet from the well bore/wellhead to any protected structure, unless owner of the protected structure provides written consent.
[7]
Five hundred feet from the edge of any county parks, including but not limited to Cross Creek County Park.
(b)
Conventional wellhead.
(c)
Owner waiver. Applicant must meet the setbacks listed herein unless the owner of a property, occupied and/or protected structure located within the setback limits provides written consent to the proposed use.
(3)
Sound. A sound study may be conducted by the operator prior to any activity beginning on the site to demonstrate that sound will not exceed the permitted decibel levels for the applicable zoning district as set by Township ordinance or the applicable standard imposed by state or federal law, whichever is less.
(4)
In the event of multiple zoning districts within the Township, the more restrictive sound level standards shall govern. In the event that contiguous properties are combined for the oil and gas development, the permitted decibel levels shall apply at the exterior boundary line of the combined parcel area. In the event operator is unable to comply with the stated standards, it must put in place measures that may include, but shall not be limited to:
(a)
Sound walls/noise barriers. The erection of sound walls/noise barriers to bring the dBA within acceptable levels.
(b)
Enclosure. Enclosure of sound-generating equipment in a sound-reduction structure that conforms to the character of the zone in which it exists. All applicable development plans, permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.
(c)
Mufflers. Equipment of internal combustion engine or compressor with an exhaust muffler or an exhaust box. Said muffler/box shall be constructed of noncombustible material designed and installed to suppress sound and disruptive vibrations.
(d)
Obtain a release waiver of the applicable noise requirements from the owners of the impacted property.
(5)
Lighting. Operator shall place lights, to the extent practicable taking into account safety considerations, at locations so as to avoid shine directed at public roads, protected structures and adjacent dwellings and buildings.
(6)
Security measures. Adequate security measures shall be in place at all times to protect well sites and may be subject to amendment based upon Township's review and feedback during the course of operations.
(7)
Access roads. Access to any oil and gas development shall be designed to ensure safety and reduce inconvenience to adjacent properties. The following shall also apply:
(a)
The access road to the well site, beginning with its intersection with a paved Township road, shall be paved for the first 100 feet and the remainder constructed with materials that reasonably minimize water, sediment or debris carried onto any public road.
(b)
All access roads shall be constructed and maintained to prevent dust and mud to the surrounding area. Operator, at its discretion, is to implement reasonable dust-abatement measures during dry weather conditions and under no circumstances shall brine water, sulfur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(8)
Truck routes.
(a)
The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the well site on a daily basis. In conjunction with the Township, the applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Township roads, or portion thereof, other than the specified portion of Township roads for which security has been provided.
(b)
The operator shall also coordinate its truck route with the local school bus schedules, which shall be provided to the Township by the operator.
(9)
Signage, site identification. The well site signage shall comply with act of February 2, 2012 (P.L. 67, No. 9) (Act 9), codified at 35 Pa.C.S.A. § 7321 (relating to unconventional well 911 emergency response information), as amended.
(10)
Operating times. All site preparation and preproduction activities on the well site, as well as access road maintenance, site reclamation activity and other ongoing ancillary activities shall be permissible Mondays through Saturdays (with the exception of federal and/or state holidays) between the applicable hours of operation as set forth in the Township Code or as otherwise authorized by the Board of Supervisors. The active drilling phase and completions (hydraulic fracturing) are exempt from this subsection.
(11)
Impoundments. The operator will provide the following information to the Township where an operator constructs an impoundment within the Township:
(a)
A copy of the DEP impoundment permit, if applicable, must be provided at the time of application or when available;
(b)
Chain-link fencing must be installed around any impoundment and shall be at least eight feet in height;
(c)
Thirty-day advance written notice must be provided when transitioning from freshwater to reuse water storage and the applicant must provide a copy of the revised DEP permit when available;
(d)
The applicant shall provide a copy of the notice of termination to the Township upon reclamation of the impoundment;
(e)
Any storage of hazardous waste at the impoundment will require signage in accordance with federal law; and
(f)
Any DEP-reportable spills must be reported to the Township within 24 hours of the incident.
(12)
Water storage. In the event a certified water storage facility and MLVT shall be placed on the site, it shall be subject to the provisions contained in § 320-603D. Separate conditional use approval shall not be required for a certified water storage facility located on site and used as an accessory to an oil and gas development.
(13)
Engine and motor enclosures. All engines and motors not involved in the active drilling/fracturing phase but used to facilitate the movement of gas or regulate the pressure of gas must be enclosed. Must also have remote/local shutdowns.
(14)
On site trailers. Operator must identify the number of temporary trailers at the well site that accommodate rest and meals for essential personnel during the drilling phase of operations and such temporary trailers are subject to applicable permit fees. Temporary trailers used to store equipment and used as office space at the well site are not subject to fees.
(16)
State and federal compliance. The operator shall comply with all applicable state and federal regulations. The operator shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits associated with the well site.
(17)
Supplemental regulations. The facility must meet all of the supplemental regulations of this Code. Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein and shall be subject to the general and supplemental standards contained in the applicable zoning district(s); and may be further subject to additional conditions and safeguards as deemed necessary and appropriate by the Township to protect the health, safety and welfare of the Township and its residents.
N.
Public utility installation/substations. Public utility installation/substation shall be further subject to the following:
(1)
The minimum lot area required for a stand-alone public utility installation/substation shall be 20,000 square feet.
(2)
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot-high fence with locking gate. If the outdoor storage area is located within 50 feet of a property line adjoining property in the Residential or Village Districts, the storage area shall be screened by 100% opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge.
(3)
Any area of the building that is used for business offices shall comply with the applicable parking requirements (of the Township Code). Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted that use.
(4)
The facility must be buffered according to the applicable provisions of the Township zoning district in which the facility is located.
O.
Reentry-related operations. Reentry-related operations shall be subject to the following:
(1)
Application. In addition to the conditional use application material required in §§ 320-601 and 320-602, the operator shall provide the following:
(a)
Written certification that the operator is in compliance with the conditions contained in the initial conditional use approval;
(b)
Updated truck routing schedule over Township roads;
(c)
Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;
(d)
Updated drilling and related operations schedule/time line; and
(e)
Copies of any new or revised permits and approvals required for the reentry-related operation.
(2)
Scope. The conditional use hearing will be limited to testimony and exhibits explaining the specific related operations not covered by the initial conditional or permitted use approval.
(3)
Standards and criteria.
(a)
Operator may rely on the conditions set forth in the original conditional use approval. The Township may not change or amend the original conditions or ordinance terms concerning setbacks, well site and/or access road location so long as they do not adversely affect the health, welfare and safety of the residents.
(b)
The applicant shall demonstrate compliance with the criteria applicable to the specific proposed reentry-related operation (e.g., truck staging area or certified water storage facility).
P.
Residential uses (group homes, temporary mobile homes, institutional residence, hospitals/clinics, multiple-family dwelling). Residential uses shall be further subject to the following:
Q.
Storage depots and truck staging areas. Storage depots and truck staging areas shall be subject to the following:
(1)
Provide documentation and/or proof of compliance with the applicable provisions of § 320-603M, Oil and gas development.
(2)
Minimum lot area. The minimum lot area required for a site shall be two acres. A certified survey of the site area must be provided prior to operations commencing.
(3)
Setbacks. The following minimum setbacks must be met from the edge of any truck staging area (measured from the edge of the parking pad) unless waived by the owner of the property adjacent to the delineated setback:
(4)
Surface. The surface of the staging area/storage depot shall be designed in a manner that would reasonably minimize water, sediment or debris carried onto any public road.
(5)
Application information. The applicant shall provide:
(a)
A location map showing the location of the site in the Township and the proposed ingress to and egress from the site.
(b)
The anticipated types of vehicles to be accommodated.
(c)
Applicant/operator must provide a list of materials to be stored on site to the best of its ability. This list must be provided to the Township's emergency responders in the event of an incident on site.
(d)
Copies of any permits or approvals required for the construction or operation of the storage depot or truck staging area.
(7)
Operator must reclaim the site in accordance with state and federal law.
(8)
No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.
(9)
A truck staging area may be located on a parcel with other uses as long as the parcel provides parking for the other uses in accordance with this chapter, off-street parking and loading provisions.
R.
Principal Solar Energy Systems (PSES).
(1)
Regulations applicable to all Principal Solar Energy Systems.
(a)
Principal Solar Energy Systems are a Conditional Use in all Zoning Districts.
(b)
In addition to the requirements of Article III, § 282-303 of the 2018 Hopewell Township/West Middletown Borough Joint Zoning Ordinance, zoning certificate applications shall document compliance with Article XII, § 320-1207 and related subsections. Zoning certificates shall be revoked if the PSES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the PSES not to be in conformity with the chapter. In the case of nonconformity caused by intentional or natural forces, the owner shall have a minimum of 90 days to initiate necessary remedial action to bring the system back in conformance to the chapter.
(c)
In addition to the application requirements for Conditional Uses under § 320-1207 of the 2018 Hopewell Township/West Middletown Borough Joint Zoning Ordinance, a project narrative including the following shall be submitted with the Conditional Use application: an overview of the project, project location, the approximate generating capacity, the number, representative types, and heights of facilities to be constructed, including their generating capacity, dimension and respective manufactures, and description of any ancillary facilities to the solar-energy systems. The project narrative shall also include the location in reference to residences, streams and other features of land. In addition to the project narrative, a map from the Natural Resources Conservation Service (NRCS) identifying prime farmland and farmland of statewide importance; documentation from the Pennsylvania Natural Diversity Inventory (PNDI) regarding the presence of any identified critical habitat for rare threatened or endangered federal or state species; a Federal Emergency Management Agency (FEMA) map delineating floodplains and which also include evidence of water quality; and a letter from the Pennsylvania Historic and Museum Commission (PHMC) regarding known archaeological or cultural resources listed or eligible for listing on the National Register shall be included.
(d)
Conditional Use approval is required prior to obtaining Land Development Plan approval. The Conditional Use approval and Land Development Plan approval processes can be concurrent. All necessary Stormwater Plan approvals, E&S and NPDES permits must be approved prior to receiving final Land Development Plan approval by the Board of Supervisors of Hopewell Township. An approved Land Development Plan is required for application for a Zoning Certificate.
(e)
All PSES developments must comply with all applicable federal, state and local regulations and obtain permits required by any governmental regulatory agency with jurisdiction over any aspect of the development. Such requirements include, but shall not be limited to, Soil Erosion and Sedimentation Control Plans, and National Pollutant Discharge Elimination System (NPDES) Plans.
(f)
The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ATSM), Institute of Electrical and Electronics Engineers (IEEE) and recognized Solar Rate and Standards organizations and shall comply with the PA Uniform Construction Code, and with all applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the Building Permit Application and Zoning Certificate Application.
(g)
Modifications. The Borough may grant modification of the requirements of one or more provisions of § 320-603(R) of the Hopewell Township/West Middletown Borough Joint Zoning Ordinance, or related subsections, if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the property in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed. All requests for a modification shall be in writing and shall state in full the grounds and facts of undue hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary. All requests for modifications shall accompany the Conditional Use Application for consideration by the Board of Supervisors.
(h)
All PSES applications after the effective date of this section shall be required to meet the terms and conditions of all applicable Hopewell Township Ordinances, including but not limited to the Hopewell Township Stormwater Ordinance[3] and the Hopewell Township Subdivision and Land Development Ordinance.[4]
(i)
PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to any existing PSES, whether or not existing prior to the effective date of this section that expands the PSES shall require approval under this chapter. Routing maintenance or replacements do not require a permit.
(j)
An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility is required.
(k)
The owner of a PSES shall provide the Borough with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system. No transmission lines connecting the PSES to the public utility company shall be placed underground in the Borough road's right-of-way.
(l)
Liability insurance. The owner of the PSES shall maintain a general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate. Certificates shall be provided to the Borough on an annual basis.
(m)
The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the officials of Hopewell Township to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries and complaints. A contact name, with knowledge of the system, must be provided to Hopewell Township with updates due to employee advancement or turnover.
(n)
PSES that include energy storage that use lithium or lithium-ion batteries shall be required to use an automatic fire suppression system designed to suppress lithium and lithium-ion fires. The design and use of the aforementioned fire suppression system shall be to reasonable satisfaction of the Borough. A gravel berm shall be installed extending at least 30 feet under and around any storage structure and shall be in sufficient size to serve as a fire break.
(o)
All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.
(p)
No portion of a PSES shall contain or be used to display advertising.
(q)
Glare.
[1]
All PSES shall be situated such that concentrated solar radiation, or glare does not project onto nearby properties, structures or roadways.
[2]
The applicant has the burden of proving to the satisfaction of the Borough that any glare produced does not have significant adverse impact of neighboring or adjacent uses either through sitting, configuring, or mitigating.
[a]
The applicant is required to conduct a glare study to which the applicant must then provide to the Borough proving that the glare emitting from the PSES will not have an adverse impact on neighboring or adjacent uses.
(r)
Noise from a PSES shall be in compliance with the Hopewell Township Ordinance Chapter 187, as amended.
(s)
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(t)
In addition to the solar energy system being properly maintained and being kept free from all hazards, including, but not limited to, faulty wiring and/or batteries, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare, the PSES owner shall repair, maintain and replace the PSES related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition. In the event of a violation, the Borough and/or the Zoning Officer shall give written notice specifying the violations pursuant to Article XII, § 320-1204 of the 2018 Hopewell Township/West Middletown Borough Joint Zoning Ordinance.
(u)
Local emergency services and safety.
[1]
The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid and volunteer fire department(s).
[2]
The applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for PSES.
[3]
A sign shall be posted providing the name of the operator and a phone number to be used in case of an on-site emergency at the primary entrance of the PSES. Additionally, reflective signs shall be posted providing the name of the operator and a phone to be used in case of an on-site emergency along the perimeter of the PSES at intervals of 250 feet.
[4]
The solar energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring and/or batteries, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
[5]
In addition, Hopewell Township shall be provided the emergency contact information for all contractors, subcontractors, and site-management agencies.
(v)
Public road use and bonding.
[1]
The owner shall identify all local public roads to be used within the Borough to transport equipment and parts for construction, operation or maintenance of the PSES.
(w)
Decommissioning.
[1]
No construction of the PSES shall be undertaken until the facility owner shall have provided the Borough with a bond to secure the estimated expense of dismantling and removing said PSES, including the restoration of the land for agricultural or other reasonable use based on a consideration of the former use of the land, the current estimated costs for removal and disposal and an inflation factor. The amount of the bond shall be determined by the Borough Engineer based on the submission of an estimate prepared by the PSES facility owner's Engineer and other applicable data.
[2]
An affidavit, or similar evidence, signed by the property owner and the PSES facility owner affirming a lease agreement with a decommissioning clause (or similar) and a Successors and Assigns clause. The decommissioning clause must provide for the dismantling and removal of the PSES, including all solar related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads and other associated facilities from the property. The Successors and Assigns clause must bind those successors and assigns to the lease agreement.
[3]
The PSES owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 consecutive months and the owner has not initiated remedial actions to return the PSES to a generating site. If the PSES owner fails to dismantle and/or remove the PSES, including all off-site, adjacent or right-of-way facilities, including but not limited to powerlines and other electrical facilities which are owned by the PSES facility owner, within 18 months of cessation or abandonment, the Borough shall have the right to use the bond to complete the decommissioning of the facility in accordance with applicable law.
[4]
During the operation of the facility, a new engineer's estimate of cost for decommissioning shall be submitted every five years to the Borough. Upon approval of the estimated costs by the Township's engineer, a revised surety shall be provided to the Borough in the amount of 150% of the new estimate. Bonds shall be provided and remain in effect for so long as the PSES remains on site and decommissioning has not been completed.
(2)
Ground mounted Principal Solar Energy Systems.
(a)
Minimum lot size. The PSES shall meet the lot size requirements of the applicable zoning district.
(b)
Setbacks. PSES shall comply with the following setback requirements.
[1]
The building setbacks of the applicable zoning districts, except:
[a]
Solar panels of a PSES shall not be located within 225 feet of any existing residential dwelling, or 50 feet from any adjoining parcel with an existing residential dwelling.
[b]
The PSES perimeter fence shall comply with the building setbacks of the applicable zoning district, except when abutting a public road right-of-way, shall be 75 feet from the edge of the right-of-way. Any area abutting a public road right-of-way, shall be properly maintained, and shall be mowed once between the months of April 1st and June 30th of each year.
[2]
If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make the most efficient use of the project area.
(c)
Height. The height of ground mounted PSES solar panels at the place where mounted, shall not exceed 18 feet above ground level.
(d)
Impervious coverage.
[1]
The post-development area beneath the ground mounted PSES may be considered equivalent to the pre-development conditions, if it can be shown that such conditions will not be changed or impacted by the proposed project. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the overall lot coverage requirement for the applicable zoning district.
[2]
Gravel and paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitation.
[3]
Consideration of coverages resulting from the PSES shall be considered in accordance with the Township's Stormwater Management Ordinance requirements, and nothing stated herein shall be considered as an exemption or variance from conformance with the Township's Stormwater management Ordinance.
(e)
Stormwater.
[1]
The Applicant shall submit a stormwater management plan that demonstrates complete conformance with the Township's Stormwater Management Ordinance. As a primary design consideration all efforts shall be made to ensure that stormwater from the PSES will infiltrate into the ground beneath the PSES at a rate equal to that of the infiltration rate prior to the placement of the system. Demonstration of design efforts to promote and ensure post-development infiltration to the greatest extent possible shall be included as part of the stormwater management plan.
[2]
PSES owners shall use low maintenance and/or low growing native perennial vegetation on surfaces under the system as a best management practice for stormwater management and as identified by the Pennsylvania Department of Conservation and Natural Resources.
[3]
If, upon investigation, the Borough determines that the stormwater management measures approved as a part of the Stormwater Management Plan are inadequate to manage the stormwater in the manner required, the PSES owner/operator shall take prompt action to submit a plan for and to construct such remedial facilities to provide stormwater management controls to meet the requirements of applicable stormwater management regulations.
(f)
Screening, vegetation and ground cover.
[1]
Road screening shall consist of an eight-foot-high opaque decorative or slat fence installed to create a continuous visual barrier, or a double staggered row of native shrubs, 6' to 8' when mature, placed to create a continuous visual barrier, and properly maintained and replaced when necessary. Fencing shall consist of a color that will blend the facility into the natural setting and existing environment. A PSES owner shall use native shrub species identified by the Pennsylvania Department of Conservation and Natural Resources. Shrubs shall be planted outside the road right-of-way. Solar perimeter fence shall be placed between shrubs and solar panels. Reasonable modifications to these requirements may be requested pursuant to § 320-1208, Modification, above.
[2]
Screening from an adjoining parcel with an existing residential dwelling shall consist of an eight-foot-high opaque decorative or slat fence installed to create a continuous visual barrier; or a double staggered row of native evergreen conifers or native broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching 6' to 8' in height within two years of planting and properly maintained and replaced when necessary, in order to create a continuous visual barrier; or a natural wooded buffer at least 30' in width. Fencing shall consist of a color that will blend the facility into the natural setting and existing environment. A PSES owner shall use native evergreen conifers or native broadleaf evergreens identified by the Pennsylvania Department of Conservation and Natural Resources. Screening from an adjoining parcel with an existing residential dwelling may be a combination of plantings and/or structures with prior approval by the Borough. Reasonable modifications to these requirements may be requested pursuant to § 320-1208.
(g)
Perimeter fencing shall be placed between the selected screening and solar panels.
(h)
Large-scale removal of mature trees on the site is highly discouraged by the Borough and the large-scale removal of mature could result in monetary penalties being brought against the party not in compliance with this ordinance. Before any large-scale removals of mature trees begins, guidance and/or approval from Borough officials about whether the removal of such trees is within the best interests of the Borough should be obtained prior to the start of any removal process.
(i)
Ground cover shall consist of native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds and pollinators. When establishing native perennial vegetation and beneficial foraging habitat, a PSES owner shall use native plant species identified by the Pennsylvania Department of Conservation and Natural Resources. In order to ensure adequate sunlight to foster growth of ground cover, fixed, non-tracking solar arrays must be installed so that the lower drip edge of an array is no lower than 36 inches above grade.
(j)
Use of herbicides to control ground cover growth is prohibited.
(k)
Ground mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede the pre-existing flow of stormwater runoff within said stormwater conveyance system.
(l)
Security.
[1]
In accordance with the National Electric Code (NEC), all ground mounted PSES shall be completely enclosed by fencing with a locking gate. The current NEC code requires a minimum six-foot high fence with barbed wire, or a seven feet high fence.
[2]
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(m)
Access drives.
[1]
At a minimum, a 25' wide access road must be provided from a state or Borough roadway into the site.
[2]
At a minimum, a 15' wide cartway shall be provided between the solar arrays to allow access for maintenance vehicles and emergency management vehicles including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.
(n)
The ground mounted PSES shall not be artificially lit except to the extent required for safety or applicable federal, state or local authority. No lighting shall directly project or impose glare beyond the subject property boundary.
(o)
If a ground mounted PSES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system must be returned to an environmentally stable condition.
(3)
Roof mounted principal solar energy systems.
(a)
The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the PSES.
(b)
PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.